Federal Disability Retirement Lawyer blog: Meeting the Legal Criteria

Lawyers often speak about “the law” as if it has the character of a science — of established principles which are objective, without the arbitrary influences of subjective interpretive devices or nuances. But even science itself fails any pure test of universal unalterability; one need only read Kuhn’s description of shifting paradigms in the history of science (The Structure of Scientific Revolutions) to understand that objectivity is merely another word for pragmatism. For, that which “works” or is “effective” in the eyes of the greatest number of people, is what matters to most people. That is why success is an irreplaceable harbinger of general opinion.

In the Federal government, one would like to expect application of rules, regulations, etc., somewhat in an algorithmic form, where favoritism is lacking, and where everyone has a “clean shot” at everything.

Especially when it comes to a benefit such as Federal Disability Retirement, which impacts those who are most unfortunate — one beset with a medical condition such that one can no longer perform all of the essential elements of one’s job — an expectation that an objective criteria which can be met by pure factual presentation, legal magnification of relevant statutes and laws, and perhaps some modicum of argumentation for persuasion, is what should occur in a perfect world. But as the proverbial perfect world fails to materialize, we must do with what we are given; subjective interpretation, and selective analysis are merely human frailties and imperfections.

That is why legal argumentation and countering of subjectivism must be employed.

Federal Disability Retirement, whether for FERS or CSRS employees of the Federal government, must be fought for, and “won”; there is no mathematical algorithm of objective application; there is no parallel universe of perfection; there is only the human condition, which requires interpretation, knowledge, analysis, and argumentation which persuades and cajoles.

Sincerely,

Robert R. McGill, Esquire

Federal Gov. and USPS Disability Retirement: The Story Genre

There is quite obviously a human need to relate the narrative; of one’s community events, tragedies and triumphs; from the days of cave paintings to rote retelling of the group’s identity and character of historical form and content, the telling of one’s story is, and remains, a vital part or any community.

Technology has now replaced the gathering of the group around the community center with emails, tweeting, mediums of blogs; of electronic tablets and voice conveyers; but regardless of form, that sense of need in the “telling” and “listening” remains. The methodology of the “telling”, however, has changed in form and content over the years, as technology has greatly undermined the genre of the human narrative with distractions and diversions beyond the story-form. Our focus and attention, quite frankly, is not what it used to be.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, through the U.S. Office of Personnel Management, part of the preparatory phase of the process is to compile the “telling” of one’s narrative. How effective; how succinct and of manner of logical sequence; how coherent and persuasive; all depend upon the form and content of the genre of the human narrative. Factual foundations aside, it is the penultimate culmination of the telling of one’s story which will form the substantive basis of the administrative process.

It is not only a necessary part of the process of preparing and formulating a Federal Disability Retirement application; it is merely the continuation of satisfying that innate human need — of the “telling” of one’s story.

Sincerely,

Robert R. McGill, Esquire

OPM Disability Retirement: The Autobiographical Slice

Every story is unique.  Uniqueness is a characteristic of each human life story, precisely because there are no two sets of facts which are identical.  Assuming that parallel universes do not exist, the autobiographical details of each human story defines a distinctive and identifiably different set of sequential life experiences as to any given human narrative.  But uniqueness does not mean relevance, or even imply significance or of great interest.  The reason why the minutiae of the personal lives of the “rich and famous” are of such titillating interest is not because they are unique; rather, it is because they are distinctively different — in a voyeuristic sort of way.

In preparing a Federal Disability Retirement application for the U.S. Office of Personnel Management, the autobiographical details should, for the most part, be left out.  As this author has often referenced Anton Chekhov’s famous short story entitled, “Grief”, it is a given that everyone wants to share the human narrative of one’s story, and more than that, to share it abundantly.  But it is the slice of one’s life, in a meaningful, relevant manner, which must be streamlined in order to ensure relevance and a focused audience — the very attention of the caseworker from the U.S. Office of Personnel Management, which must be provided.

Federal Disability Retirement is a specific submission; it is not the time to convey the unique story of one’s autobiographical details beginning in years past; rather, it must awaken the empathy of the reader — OPM — by the very hypnotic force of the medical conditions as they relate to one’s inability to perform the essential elements of one’s job.

The human story in a Federal Disability Retirement case must be a compelling one, indeed, but within the context of uniqueness distinctively different from the boring autobiographies of mundane stars.

Sincerely,

Robert R. McGill, Esquire